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Bob Mackin

Vancouver Board of Parks and Recreation Comm. Marie-Claire Howard, who is at the centre of the ABC party’s Signal chat scandal, has hired a lawyer to battle theBreaker.news appeal to the Office of the Information and Privacy Commissioner (OIPC).

ABC’s use of the Signal messaging app was originally exposed by ex-commissioner Sarah Blyth-Gerszak from a seat in the public gallery at the first meeting after Mayor Ken Sim announced he wanted to transition from an elected to an appointed Park Board.

Former Park Board commissioner Sarah Blyth-Gerszak’s photograph of ABC commissioner Marie-Claire Howard’s smartphone at the Dec. 11 Park Board meeting. City hall says the “Transition Team” messages no longer exist. (@sarahblyth/X)

Blyth-Gerszak snapped photos on Dec. 11, 2023 of Howard communicating on a chat group called “Transition Team” with fellow Comm. Angela Haer and ABC staffer Christy Thompson.

When theBreaker.news asked under the Freedom of Information and Protection of Privacy Act (FIPPA) for copies of the Transition Team messages, the city responded in February 2024. It said that records no longer existed and, if they did, they would not be released because they did not relate to city business.

The OIPC, citing “limited resources,” chose not to investigate whether Howard and others wilfully destroyed or concealed public records — an offence punishable with a fine up to $50,000. Instead, it sent the matter to an inquiry, where an adjudicator will decide whether the Park Board met its legal obligation to respond openly, accurately and completely.

On April 7, Howard’s lawyer, Ryan Berger of Lawson Lundell LLP, asked the OIPC to allow Howard to argue the records were not in the Park Board’s custody and control and were not related to Park Board business.

“Our client should not be put in a position to have to provide submissions or evidence under other FIPPA provisions if the records are outside of the adjudicator’s jurisdiction,” Berger wrote.

OIPC director of adjudication Elizabeth Barker responded April 23, confirming it will invite Howard to participate in the inquiry. She dismissed Berger’s request, because splitting the inquiry in two parts would stretch OIPC’s limited resources.

“It could also result in an added delay for the applicant who made his access request well over a year ago,” Barker wrote.

Howard has not responded to questions about whether Vancouver taxpayers are paying for her lawyer.

A Feb. 21 report by the Park Board’s integrity commissioner, Lisa Southern, found Howard was one of the six commissioners elected under the ABC banner in 2022 who broke the open meetings law during private meetings in 2023 at Sim’s house and on the Signal app. Southern concluded the meetings should have been held in public.

Comm. Laura Christensen, Brennan Bastyovanszky and Scott Jensen left ABC in December 2023 to sit as independents when Sim announced he wanted to end the elected park board.

The remaining ABC commissioners, Haer, Howard and Jas Virdi, did not initially respond to Southern’s letters. Southern was advised last September that they hired a lawyer.

When they did respond, they asked for the complaint to be dismissed. They denied breaching the open meetings principle, called the complaint out of scope and a waste of taxpayers’ money and claimed their actions were protected by Charter of Rights and Freedoms.

Southern rejected their defence.

Signal is the open source, encrypted messaging app that members of the Trump administration used to discuss plans to bomb Houthi terrorists in Yemen. They inadvertently included the editor of The Atlantic.

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Bob Mackin Vancouver Board of Parks and Recreation

Bob Mackin

The governance review ordered by Metro Vancouver recommends citizens not be given the right to directly elect directors to the utility, despite concluding that the regional district’s board has “become large and unwieldy.”

Deloitte, hired in February, said in its May 20 report that Metro Vancouver should adopt a hybrid board structure. It should add external directors “with appropriate skills and experience” to sit with the crop of municipal mayors and councillors appointed from local councils on the regional district’s water and sewage boards.

North Shore Wastewater Treatment Plant construction site on July 10, 2024 (Mackin)

“Consider four-year terms for the non-elected directors staggered against the current four-year cycle of elected officials appointed to these boards (i.e. two-years after municipal elections),” Deloitte recommended. “These terms could be extended at the discretion of the chair and governance committee to further facilitate the retention of institutional knowledge.”

Metro Vancouver, B.C.’s largest regional district, is running a $3.2 billion budget in 2025, costing the average household in 23 member communities $875 in taxes for water, sewage, waste and public housing services.

Deloitte is one of the world’s big four accounting and audit firms, but did not conduct an audit of any Metro Vancouver “project management, budget and financial reporting processes and internal controls, processes supporting the confidentiality of information, or an audit of individual travel and other out-of-pocket expenses.”

Deloitte said directors are in an “untenable” conflict between their local communities and the region. Lawsuits and confidentiality have resulted in further trouble. “Increasing tensions and political differences are creating a culture of heightened mistrust and frustration.”

The report said there needs to be a governance committee to “increase the integrity, oversight and ethical implementation of the board’s policies, procedures and agenda.”

But the quadrennial cycle of municipal elections causes high turnover and the loss of institutional knowledge, requiring better onboarding and education and “ stronger enterprise risk management and internal audit functions.”

The report downplayed the remuneration of board and committee members, calling it comparable with similar organizations, such as BC Hydro and TransLink, and “minimal relative to the significant investment of time and experience the directors bring to the organization.”

Board chair Mike Hurley, the Mayor of Burnaby, is paid $109,337 a year and vice-chair John McEwen, Mayor of Anmore, $54,668. The 41 directors are paid $547 for a meeting, but that doubles to $1,094 if it exceeds four hours.

Deloitte was hired in February after the March 2024 bombshell that the North Shore Wastewater Treatment Plant (NSWWTP) would cost $3 billion extra and take until 2030 to complete. The report goes to the Metro Vancouver board on May 23.

An external panel, headed by former NDP Premier Glen Clark, is looking at board remuneration policies. The Deloitte report did not assess the NSWWTP project. Former Deputy Finance Minister Peter Milburn is reviewing that. Metro Vancouver and fired builder Acciona are embroiled in tit-for-tat B.C. Supreme Court lawsuits.

New Westminster Coun. Daniel Fontaine and Richmond Coun. Kash Heed lead a group of non-Metro Vancouver directors who demanded Premier David Eby use provincial power to hold a public inquiry into the NSWWTP and Metro Vancouver governance.

Fontaine and Heed launched a petition May 20, seeking the return of the Auditor General for Local Government. The NDP government decided to close the office in 2020 and did not expand the power of the Office of the Auditor General.

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Bob Mackin The governance review ordered by Metro

Bob Mackin

The Monday preceding May 25 is the Victoria Day holiday. Its roots stretch back to 1845 when Queen Victoria’s birthday was observed every May 24 in the Province of Canada. If it fell on a Sunday, then it was moved to May 25.

The holiday was officially enacted by Parliament in 1901.

From The British Columbian newspaper on May 24, 1862.

In New Westminster, almost 163 years ago, something special happened.

Baseball.

The May 24, 1862 edition of The British Columbian, a newspaper published Wednesdays and Saturdays in New Westminster, contained a brief summary of the Queen’s birthday events. It included various sports, such as foot ball, quoits (a form of ring toss) and “base ball.” The first such reference to the game in British Columbia history.

The 1858 Fraser River Gold Rush drew Americans up north, looking to make a fortune. They also brought baseball to B.C.

Worth noting in this year of friction between the White House and Prime Minister’s Office.

Happy Victoria Day!

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Bob Mackin The Monday preceding May 25 is

For the week of May 18, 2025:

He came into the Vancouver Mayor’s Office promising to end homelessness. A decade later, Vancouver real estate prices were some of the world’s most-expensive as foreign investors snapped up luxury condos. 

Does rookie Liberal MP and newly sworn-in Minister of Housing Gregor Robertson stand any chance of solving what became a national crisis?

This week’s guest on thePodcast is Andy Yan, director of the Simon Fraser University city program and longtime analyst of Vancouver’s housing market. Did Prime Minister Mark Carney choose the wrong man for the job? 

As usual, Pacific Rim and Pacific Northwest headlines and the Virtual Nanaimo Bar.

CLICK BELOW to listen or go to TuneIn, Apple Podcasts or Spotify.

Have you missed an edition of theBreaker.news Podcast? Go to the archive.

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For the week of May 18, 2025:

Bob Mackin

The B.C. Lions violated their responsibility to provide wide receiver Arland Bruce III a safe workplace twice in 2012, according to an arbitrator’s May 2 ruling.

Bruce’s grievance for improper treatment of a concussion was heard after the B.C. Court of Appeal upheld a B.C. Supreme Court ruling that said the matter should be resolved under the Canadian Football League’s collective agreement, not in the courts.

Bruce, whose 250-game career ended after the 2013 season, accused the teams he played for and the CFL of violating the collective agreement with its players’ association.

Arbitrator Allen Ponak, who heard the case between April and October 2024, upheld three violations.

Arland Bruce III (BC Lions Alumni/Instagram)

“The 2012 preseason clearance to play violated the Lions’ responsibility to provide a safe workplace; enabling Mr. Bruce to play in the 2012 Western final without clearance from a physician violated the Lions’ responsibility to provide a safe workplace; and the failure of the Montreal Alouettes to retain the 2013 ImPACT [clinical report] it claimed to have administered violated its medical record keeping contractual obligations.”

Bruce suffered a concussion in a Sept. 29, 2012 game in Regina against the Saskatchewan Roughriders, five minutes into the second quarter when he jumped to catch a ball. A defensive back tackled Bruce’s upper body and Bruce’s head landed on the turf and appeared to bounce. Bruce was motionless on his back — with his right arm slightly elevated for 15 to 20 seconds — and likely unconscious, before he began to move.

Bruce was out for 49 days until the West final, in which he caught six passes for 56 yards.

He signed with Montreal in the off-season and played all 18 games and a playoff game.

Ponak wrote that Wally Buono, who was the Lions’ general manager in 2012, said he “did not pressure the medical staff regarding return to play decisions. He believed that the medical staff – Dr. [Navan] Prasad was specifically mentioned, put the player’s best interests first.”

Team doctor Prasad was unable to recall when Bruce’s last medical examination took place before the West final. He said day-to-day management of Bruce’s concussion was the responsibility of trainer Bill Reichelt.

The decision said Bruce “made no complaints to Mr. Reichelt before or after the game about experiencing any concussion symptoms. Mr. Bruce had already been cleared for the final regular season game but had not played.”

Bruce testified that he was not symptom-free for the West final, “but played because he was afraid of losing his job to other receivers who were being auditioned.”

Bruce claimed he suffered two previous concussions, with University of Minnesota and while on the Kansas City Chiefs’ practice roster, but said in a B.C. Supreme Court affidavit that he sustained “a countless number” of sub-concussive blows to the head and at least three documented concussions known to the CFL, Lions and Alouettes.

Bruce’s 2019 claim under the NFL’s concussion settlement was denied.

Bruce suffers some disability, including inner ear damage, cognitive defects and mental health challenges, “but not to the extent claimed,” Ponak ruled.

Comparisons of 2012 and 2024 MRI scans do not establish permanent brain damage and evidence does not establish he suffers from traumatic encephalopathy syndrome. Chronic traumatic encephalopathy can only be diagnosed after death.

Bruce’s social media postings “demonstrate a level of cognitive and physical functionality well in excess of the claimed level of severe impairment.

Bruce was fifth in all-time CFL touchdowns received (94). He won Grey Cups with Toronto (2004) and B.C. (2011). His career ended in early 2014 season when the Alouettes released him after remarks on Instagram about Michael Sam, the CFL’s first openly gay player.

“Mr. Bruce denied being homophobic and said that any such comments, which he was not convinced were his own, were meant in jest,” Ponak wrote.

Ponak said the parties are invited to make further submissions if they cannot agree on compensation for Bruce.

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Bob Mackin The B.C. Lions violated their responsibility

Bob Mackin

Fifty years after 1976 Olympic city Montreal hosted the FIFA Congress, the world soccer governing body’s power brokers are coming to Vancouver.

FIFA had dangled the prospect of an additional function, such as the congress, tournament draw or international broadcast centre, to the B.C. government in 2021, in order to convince then-Premier John Horgan to reverse his 2018 opposition. FIFA vice-president Victor Montagliani resides in a $6.6 million West Bay mansion in West Vancouver.

Sepp Blatter’s video greeting to Canada 2015 (Mackin)

The May 15 announcement at the 75th congress in Paraguay means the April 30, 2026 meeting will be the only event of the FIFA World Cup 26 year spotlighting all 211 members (only 48 of them will qualify to play in the June 11-July 19, 2026 tournament in U.S., Canada and Mexico). Among them will be Russia, China, Iran and North Korea, which means a heavy security bill for Canadian taxpayers, despite FIFA’s wealth.

FIFA told delegates in Paraguay that its assets grew last year to US$6.15 billion and the organization revised its revenue forecast upward for the 2023-2026 cycle by US$2 billion to US$13billion.

Canadian taxpayers do not know the full budget for hosting in 2026. Last year, Toronto estimated $380 million and Vancouver up to $581 million. That does not include federal security and border control. Public Safety Canada has refused to comment after repeated questions from theBreaker.news, before and after the federal election.

Biggest since 2010’s convening of the corrupt

The 76th FIFA Congress will be Vancouver’s biggest sports business event since the 122nd International Olympic Committee congress before and after the Vancouver 2010 Winter Olympics.

That IOC gathering in the Westin Bayshore hotel may go down as history’s biggest gathering of corrupt sports executives.

Who were some of the big names?

When he visited for the Under-19 Women’s World Championship in 2002, Vancouver’s bid team lobbied then-FIFA president Sepp Blatter. The Swiss voted in the 2003 election that made Vancouver the 2010 host.

In December 2015, Blatter was banned from FIFA for eight years, in the aftermath of FBI and Swiss police raids in Zurich. Detectives wanted to get to the bottom of decades-long corruption at the highest levels of world soccer. In March 2025, a Swiss court cleared Blatter and former UEFA head Michel Platini of fraud over Blatter’s 2 million Swiss franc payment to Platini in 2011.

Also at the Bayshore in 2010 were Blatter’s mentor and predecessor Joao Havelange and Issa Hayatou, FIFA’s interim president.

Brazilian Havelange was the most senior IOC member in Vancouver. He would die in 2016 at age 100 during the Olympics in hometown Rio de Janeiro. Hayatou subbed for Blatter at the Canada 2015 Women’s World Cup — Blatter was afraid of being arrested and extradited to the U.S.

Hayatou quit the IOC in December 2011 instead of waiting for the end of a probe into allegations he received a $1 million bribe from the bankrupt ISL marketing agency.

The IOC reprimanded Hayatou in October 2011 for taking $20,000 cash from ISL, money that the Cameroonian claimed was a gift for the African Football Confederation’s 40th anniversary.

Russian sport minister Vitaly Mutko (left) and Deputy Prime Minister Dmitry Kozak at Science World in Vancouver during the 2010 Winter Olympics (Sochi Organizing Committee/Flickr)

A Qatari sheikh, Putin’s men and an old Spanish fascist

Some of Vladimir Putin’s right-hand men came on IOC business to Vancouver where the future Emir of Qatar, Tamim bin Hamad Al Thani, was re-elected an IOC member.

During Vancouver 2010, both Russia and Qatar were jockeying to host FIFA World Cups.

Russia’s Deputy Prime Minister Dmitry Kozak headed the Sochi 2014 delegation that included sport minister Vitaly Mutko, who joined FIFA’s executive committee in 2009.

Blatter shocked the world in December 2010 by announcing the winning Russia 2018 and Qatar 2022 bids, both tainted by vote-buying.

Lamine Diack, the head of world track and field from 1999 until 2015, was jailed in France in 2020 for two years after taking more than $1 million to cover up doping by Russian athletes.

A World Anti-Doping Agency investigation headed by Montreal’s Dick Pound (another session attendee) led to the suspension of Russia’s track and field team.

Diack’s 2015 successor, Sebastian Coe, chaired the London 2012 Olympics and came to Vancouver to give the IOC a planning update.

Coe was head of FIFA’s ethics panel in 2006 and became an IAAF vice-president under Diack in 2007.

Hein Verbruggen, the former International Cycling Union head, was an honorary IOC member at Vancouver 2010, where his successor, Pat McQuaid, was elected a member.

During Verbruggen’s 1991 to 2005 presidency, he was a staunch supporter of Lance Armstrong and scoffed at reports that Armstrong had cheated.

In 2013, Armstrong finally admitted that he doped to win seven Tour de France championships and surrendered his Sydney 2000 time trial bronze medal.

Verbruggen came under fire in summer 2010 when it was revealed that he had accepted Armstrong’s $125,000 donation to the federation’s anti-doping programs from 2002 to 2005.

An independent 2015 report was critical of Verbruggen for lacking transparency and breaching “certain sporting requirements.” The report slammed Verbruggen for not upholding the organization’s duty to keep cycling doping-free.

Verbruggen called the report a “scandalously biased” waste of money.

Emir of Qatar, Tamim bin Hamad Al Thani (left) was re-elected to the IOC in Vancouver. In 2019, he met President Donald Trump (Qatar Embassy)

Vancouver 2010 was the last Games attended by Juan Antonio Samaranch, the 89-year-old Spaniard. Voted the IOC president in 1980, Samaranch became “honorary president for life” in 2001. He didn’t run for re-election after the Salt Lake bribery scandal, in which 10 members were expelled.

His climb to power began in 1967 as sport minister for fascist General Francisco Franco. Under Samaranch, the Olympics opened the door to professional athletes in 1987, which helped attract billions of dollars of corporate sponsorship and TV deals.

World sport got richer and doping and corruption followed.

Before stepping down, Samaranch nominated his son, a vice-president of the International Modern Pentathlon Union, to the IOC. Juan Jr. also attended the Vancouver session.

Samaranch’s April 2010 death overshadowed the conflict of interest reprimand issued to International Ice Hockey Federation president Rene Fasel. A Swiss newspaper revealed in 2009 that Fasel, the IOC member overseeing Vancouver Games organizers, had helped a friend score a contract through the Infront, the IIHF’s TV and marketing agency run by Sepp Blatter’s nephew, Philippe.

Bob Mackin authored the e-book, Red Mittens & Red Ink: The Vancouver Olympics, available for purchase at Smashwords.

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Bob Mackin Fifty years after 1976 Olympic city

Bob Mackin

When the Conservative critic for B.C.’s Ministry of Children and Family Development pressed for details May 13 about children who died in government care, the NDP’s Minister of Finance intervened.

During a hearing on the ministry’s proposed $2.4 billion budget, Aimee Boultbee quoted from a Representative for Children and Youth report that said 103 children died in the last fiscal year while receiving services from the ministry.

Of those, 42 were deemed natural deaths; 25 accidental (of which 13 of those were drug overdoses); 20 undetermined; nine by suicide; and seven homicide.

Jodie Wickens, the NDP Minister of Children and Family Development, celebrated the end of a heated budget estimates hearing on May 13, 2025. (Wickens/X)

Boultbee (Conservative, Penticton-Summerland) asked Minister Jodie Wickens for the Ministry’s 2025 to-date statistics and to see anonymized death certificates.

Brenda Bailey, wearing her hat as deputy house leader, jumped in with a point of order.

“I’m wondering if the member opposite could help me understand the relationship between a request for a coroner’s certificate and the funding of the budget at hand. I’m just not following how those are linked,” said Bailey (NDP, Vancouver-South Granville).

“These questions seem absolutely relevant to the budget,” said Trevor Halford (Conservative, Surrey-White Rock). ‘They may be inconvenient for the minister, or the house leader, but they relate exactly to the ministry’s responsibility, the minister’s responsibility, and the budgetary numbers that come within that ministry.”

Said Wickens (NDP, Coquitlam-Burnaby Mountain): “If we want to talk about investments in child safety and keeping families together, we are continually doing the work in transformative ways, and we will continue to do that work.”

Boultbee pressed for more information on the cause of deaths of children in government care, but Wickens said it is the responsibility of the coroner’s office and she should ask there.

“I actually did ask the coroner’s office, and he told me to ask this ministry,” Boultbee replied.

“I’m a member of the opposition, and I have a right to ask these questions and get answers, and I expect those answers.”

After it was all over, Wickens celebrated with a post on X in front of her staff.

“We did it! Estimates for the Ministry of Children and Family Development is done and officially in the books!” Wickens wrote. “A heartfelt thank you to the team for their unwavering support, not only during the review process but every day as we continue to assist the children and youth in B.C.”

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Bob Mackin When the Conservative critic for B.C.’s

Bob Mackin

The most-recent corporate job for the May 13 sworn-in federal housing minister was at a Vancouver modular building products company that went bankrupt.

Gregor Robertson, the Vancouver mayor from 2008 to 2018, was Prime Minister Mark Carney’s star Liberal candidate in the April 28 election in Vancouver Fraserview-South Burnaby. During the campaign, Carney recycled Justin Trudeau’s 2024 modular housing plan, promised to build 500,000 homes a year and open a new bureaucracy called Build Canada Homes.

Last June 28, B.C. Supreme Court Justice Michael Stephens approved the sale of Nexii Building Solutions Inc. (NBSI) to B.C.-incorporated Nexiican Holdings Inc. and Delaware-incorporated Nexii Inc. Nexiican director Blake Beckham and Nexii president Russ Lambert are both Dallas lawyers.

From 2019 to 2023, Robertson was executive vice-president of NBSI, which has a factory in Squamish. NBSI purported to be worth $1 billion in 2021, but sold for $500,000 plus more than $22 million in assumed liabilities.

The NDP/Liberal coalition Vision Vancouver became Canada’s richest, most-powerful civic political party after leader Robertson was elected in 2008 on a promise to end street homelessness by 2015.

Power was centralized in the Office of the Mayor, where Mike Magee was chief of staff. The B.C. NDP insider was in the audience at Rideau Hall on May 13.

Former organic juice company owner and NDP MLA Robertson was re-elected twice in 2011 and 2014, but did not run for a fourth term. Voters became grumpy after homelessness increased, a drug epidemic raged and real estate prices skyrocketed.

There were no limits to the source and size of political donations until the NDP government’s amendments banned corporate and union donations and capped individual donations at $1,200.

Robertson cultivated close ties with China while in office and left his wife in 2014 for a singer whose mother was a government official in China. Years earlier, in 2010, Canadian Security Intelligence Service director Richard Fadden sounded the alarm about foreign interference on the West Coast.

In 2011, Robertson skipped Bank of Canada governor Carney’s luncheon speech to the Vancouver Board of Trade, where Carney warned of a clash between greed-fuelled speculators and investors and fearful citizens in search of affordable housing.

During a two-and-a-half-year span, Robertson sent only two letters to senior federal and B.C. politicians seeking action on property flipping and tax evasion in the Vancouver real estate market.

None of the letters or replies mentioned money laundering, nor did they cite Chinese foreign investment as the biggest market influencer.

Gregor the green

Robertson’s pet project was the environment. He flew around the world to promote his Greenest City 2020 initiative. Many conferences involved former New York Mayor Michael Bloomberg, who became Robertson’s post-2018 patron at the Global Covenant of Mayors for Climate and Energy.

Expense reports analyzed by theBreaker from 2009 (Robertson’s first full year in office) through 2017 (his last full year in office) show he spent 331 days traveling and visiting other cities, for a cost to taxpayers of $126,534.23.

Vancouver voters thought they were done with Robertson in fall 2018.

With only one candidate elected in the October election (Allan Wong to school board) and Robertson passing the chain of office to Kennedy Stewart on Nov. 5, hundreds of Vision Vancouver members gathered at the Seaforth Armoury on Burrard Street.

A bittersweet soiree for a party whose legacy is evident in the city’s modern, luxury condo skyscrapers and in Canada’s worst ghetto, the Downtown Eastside.

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Bob Mackin The most-recent corporate job for the

For the week of May 11, 2025:

Prime Minister Mark Carney went to the White House to meet President Donald Trump. But the trade war continues. It’s felt on Wall Street and Bay Street. 

And Main Streets in British Columbia and Washington.

Ron Judd, executive editor of the Cascadia Daily News in Bellingham joins host Bob Mackin to talk about how the first 100 days of Trump 2.0 have impacted the northwest corner of Washington State. 

As usual, Pacific Rim and Pacific Northwest headlines and the Virtual Nanaimo Bar.

CLICK BELOW to listen or go to TuneIn, Apple Podcasts or Spotify.

Have you missed an edition of theBreaker.news Podcast? Go to the archive.

NEW: Subscribe to theBreaker.news on Substack. Find out how: Click here.

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For the week of May 11, 2025:

Bob Mackin

A Canadian Investment Regulatory Organization (CIRO) hearing panel accepted a settlement with a former investment dealer who embezzled almost $6 million from clients, some of whom were elderly and in poor health.

Michael Rowland Tomkins of Nanaimo “committed serious transgressions, involving large sums of money. He engaged in an ongoing pattern of intentional deception. This was far from an isolated lapse in judgment,” said the April 29 decision by the CIRO panel, chaired by lawyer Lynn Smith.

Downtown Nanaimo (City of Nanaimo/Facebook)

From 2007 to 2023, Tomkins misappropriated approximately $5.99 million from five clients. He returned about $1.7 million to the clients, but $4.3 million remains outstanding.

Between February 2019 and July 2023, he pilfered almost $1.69 million from two of the five clients — “who were elderly and vulnerable, with noted health concerns” — and returned $418,000 to one of those clients.

“He was able to misappropriate the funds by deceiving both the clients and his employer,” said the CIRO decision. “He did this by providing fabricated or inaccurate information to both the clients and his employer, including fabricating investment vehicles, fabricating investment portfolio summary reports, and fabricating client transactions.”

Tomkins worked in the industry since the 1980s as a mutual fund salesman and joined Assante Financial Management Ltd. in 2001. In 2018, he was a registered representative for the company in Nanaimo.

When the misappropriations were revealed in October 2023, Tomkins quit Assante and formally admitted in November 2023 that he misappropriated funds from clients.

Tomkins had no prior disciplinary history with CIRO, he accepted responsibility and expressed deep remorse at a hearing.

In the settlement, Tomkins agreed to a permanent ban from CIRO and employment in any capacity by a regulated person, a $1 million fine, disgorgement of $1.27 million and payment of $10,000 costs. He agreed to pay the amounts within 30 days of acceptance of the settlement.

Investigations by Assante are underway. Funds were paid back to four of five clients and one of them has sued Tomkins and the company.

Former clients sue

In B.C. Supreme Court filings obtained by theBreaker.news, a Nanaimo couple accused Tomkins and his wife Karla of breach of trust and fraud and alleged conversion of their retirement funds into Vancouver Island residential, recreation and office real estate.

In a January 2024 notice of civil claim, husband and wife Daniel and Brenda Juss and their company, Molecey Pacific Ltd., say they trusted Michael Tomkins as a friend and advisor between 1998 and 2023 when they provided him $4.2 million to invest on their behalf.

They even trusted Tomkins to handle their investments without significant oversight for six years after Daniel Juss suffered a 2007 stroke and subsequent cancer diagnosis.

The allegations have yet to be tested in court.

Karla Ann Tomkins, aka Karla Ann Taylor, and Hammond Bay Investments Ltd. responded in February 2024 to deny the allegations.

Assante Capital Management Ltd. and Assante Financial Management Ltd. filed its response in January 2025. Assante said it met all regulatory and legal obligations concerning supervision of Tomkins and that the plaintiffs’ accounts were operated “in a manner commensurate with their investment knowledge, experience, income, net worth, risk tolerance and objectives.”

But, Assante said it had no knowledge of the acts of fraud described in the lawsuit.

“ACM and AFM discovered Mr. Tomkins’ acts of fraud on Oct. 18, 2023 when Mr. Tomkins abruptly resigned as a dealing representative and admitted to his acts of fraud and misappropriation,” said the Assante filing.

Assante distanced itself from Tomkins, claiming that acts of fraud involving the plaintiffs’ funds “relate to private off-the book investments that the plaintiffs made with Tomkins.”

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Bob Mackin A Canadian Investment Regulatory Organization (CIRO)